MR. ABC Vs. BORDER SECURITY FORCE

JUDGEMENT

(1.) The petitioner is a HIV[Human Immunodeficiency Virus] -positive appointee to the post of Constable (GD) in the Border Security Force["BSF", hereinafter]. He was appointed to the said post on 17/4/2017.

(2.) On 6/7/2017, it was found that the petitioner had contracted HIV and was undergoing Antiretroviral Therapy["ART", hereinafter] and also had abdominal Kochs. The petitioner underwent ART and Ant- Tuberculosis Treatment["ATT", hereinafter] from 28/7/2017 to 31/1/2018 and was thereafter discharged from the hospital.

(3.) The petitioner was re-examined by a Medical Board on 15/11/2018. Consequent thereto, a show cause notice dtd. 30/12/2018 was issued to the petitioner. The show cause notice noted the fact that the petitioner was suffering from immune compromised status and was on ART and, therefore, opined that he was permanently unfit for recruitment to the BSF, as he had been placed in medical category S1H1A1P2(T-24+24)E1. The show cause notice, therefore, proposed to retire the petitioner from service and called upon him to show cause thereagainst.